What’s the law?
The law of automobile, train, marine, and motorcycle accidents is diverse. The most pervasive laws are the
state motor vehicle and boating laws. These provide a framework for the operation of automobiles and
watercraft. Violation of these laws leading to an injury is usually negligence per se. However, the civil laws,
not the criminal laws, determine the payment of compensation and the assignment of liability. Thus, even if a
person is charged with an accident, he or she may still seek compensation from the other vehicle. Negligence in
many states, including Florida, is apportioned according to the principles of comparative negligence. Thus, if
a party is 60% at fault for his or her own injuries, he or she may still collect 40% of the loss from the other
party. Watercraft operating on navigable waters must, in additon, be aware of a comprehensive set of
regulations issued by the United States Coast Guard. Similar comparative negligence principles can apply to
violation of Coast Guard regulations, however.
Whenever a mishap occurs, it is vital to ascertain the cause or causes of injury. Were other drivers
contributory? Was the car at fault, either by design or by failure of a part? Was the car design inherently
unstable? Were the brakes and tires properly installed? These and many other questions can only be answered by
intensive investigation. The police investigation is no substitute for a motivated investigation by a private
attorney. The investigators must possess a detailed knowledge of the physics of moving bodies and the
automobile engineering issues involved. See Mr. Wilner’s essay on transportation physics.
Special types of mishaps
Rollovers
Sport-Utility Vehicles such as the Ford Explorer are the fastest growing section of the automotive market.
Although roomy, these cars may have hidden dangers. The firm has been retained to investigate several rollover
injuries from these high center-of-gravity vehicles.
The center of gavity or center of mass is a point at which the entire mass of the vehicle can be considered
located. When a vehicle turns a corner, it undergoes lateral acceleration. That lateral acceleration is equal
to the square of the speed divided by the radius of the corner. This lateral acceleration applies an inertial
force to the center of mass. Equivalently, the pavement generates a centripital force at the contact patches of
the tires. When the center of mass is high, there is a greater distance between the contact patches and the
center of mass produces rolling moment. The strength of the moment is proportional to the distance between the
center of mass and the contact patches times the amount of accleration. Rollover may occur if the geometry of
the vehicle cannot resist the lateral acceleration. Rollover is an extremely hazardous event and accounts for
over 30% of highway fatalities.
Our research has shown that certain design features of certain vehicles may make them very dangerous to
unwary consumers-especially if they subject to excessive lateral accelerations, such as if they drift off the
shoulder of the road or are involved in a collision. The firm is researching documents and interviewing
engineers to uncover the design flaws of these popular “SUVs”.
Marine accidents
Florida has the highest concentration of registered boats in the United States. Unfortunately, marine
accidents are more and more common. Marine law is complex and can involve admiralty, the “law of the sea,’ laws
and regulations of the U.S. Coast Guard and of Florida, E.P.A. and state environmental regulations, and the
common law of negligence. Mishaps aboard boats are often severe, and the danger of drowning is always present.
Members of the firm regularly operate sail and powerboats and are familiar with the manufacturers and the rules
and regulations.
Scuba diving injuries
Florida is a diver’s paradise, with offshore reefs and clear water springs. Sadly, there are often serious
injuries and drownings while diving. Most of these incidents can be traced to improper equipment, instruction,
or supervision. Members of the firm are certified open water and cave divers who have spent many hundreds of
hours diving in various locations. They are experienced and knowledgeable about the equipment and hazards faced
by undersea divers and can consult on any dive incident.
Tire defects
Major defects have been identified with Firestone and some other time brands. These defects can lead to tire
failure and serious injury. The usual mode of failure when a defective tire is involved is called tread
separation. Tread separation occurs when there is a localized area of weak bonding between the tire casing and
the tread. During normal use the tread flexes at each revolution of the wheel. The area of poor bonding grows
minutely and silently, until it fails without warning. The failure can lead to loss of control, rollover, and
serious injury. Tires with these defects can be identified by experts after the mishap. It is essential to have
an expert evaluate any accident where a tire might have failed. Only thorugh a detailed examination of the tire
and the circumstances of the accident can a conclusion be reached about the contribution of a tire defect to an
injury.
Train collisions
Our client was driving on a remote rural road in northeast Florida. A train track crossed the road with no
warnings or protective bars. A train approached at high speed, struck the car, and seriously injured our
client. The railroad claimed that the train had blown its whistle. Our investigation involved survelliance of
the crossing to record numerous trains which failed to give the required signals. Faced with the possibility
that a jury would conclude that no warning was given, the railroad consented to a favorable settlement.
Motorcycle injuries
Thousands of injuries occur each year in motorcycle mishaps. The most common source of injury is collision
with an automobile, and usually the automobile driver is at fault. While many injuries are unavoidable, certain
injuries would be prevented by better motorcycle crashworthy design, including protection of the lower legs.
The firm’s members include active motorcyclists, who are well versed in motorcycle technology and technique and
are ready to investigate any motorcycle injury.
Unsafe infant car seats
An infant was seriously injured in a frontal collision when he struck the convenience tray affixed to the
infant car seat. Investigation revealed that the tray served no safety purpose and presented a collision
hazard. A case agaist the manufacturer for negligent design is ongoing.
Representative cases
Two deaths from seat collapse– substantial settlement
Most people are unaware of how poorly designed the seats are in most domestic cars. As two families traveled
to Georgia along I-95, they were unaware that the seats in their Chevrolet Lumina had serious defects. When
they were rear-ended in a relatively mild collision, their seats collapsed, pulling the driver from the
steering wheel and ejecting the passenger to her death. The firm was hired to research why the seats collapsed.
Our findings, based on engineering analysis and a trove of previously secret documents from the automotive
industry, were shocking-many cars have seats that collapse in 10 mph impacts, and the industry as known about
these inadequacies for years. A case was filed against General Motors which was was settled for a substantial
sum.
Download our brief in support of punitive damages against GM. The U.S. District Court found in our favor and
allowed us to claim punitive damages against General Motors for their reckless disregard of consumer safety in
manufacturing inadequate seats.
Double amputation from automobile collision — $2.5 Million settlement
Our client was standing in front of his van adding oil when the defendant’s Mercedes sped by. A pickup truck
pulled in front of the Mercedes and struck it. The Mercedes was deflected into our client, pinning him against
his van and traumatically amputating his legs. Although the Mercedes was not initially cited in the accident,
investigation revealed that it was speeding, and that the driver had not attempted to brake or otherwise avoid
the accident. A settlement for the policy limits of $2.5 million was concluded within 6 months of suit.
Asphixations in an RV
Three young men perished in a rented RV, the victims of poisonous carbon monoxide. But where did it come
from? The firm’s attorneys, led by Mr. Spohrer, uncovered a hidden defect in the RV that allowed the deadly gas
to from the generator to leak into the passenger compartment. When the evidence was brought forward, the
manufacturer made a substantial settlement for the families of the victims, and in addition instituted a
national recall to repair the problem. Hopefully, the young men did not die in vain if future incidents were
prevented by this important detective work.
Drowning in a Florida Spring
One young man drowned in a Florida spring while on an instructional dive. The dive instructor ignored the
youth, who inadvertently entered a cave system that was extremely hazardous because of silting and poor
visibility. The instructor had not shown the youth the entry to the cave and had failed to monitor his
progress. The youth’s body was found over 500′ back in the cave. No air remained in his tanks. The firm has
determined that the dive instructor and the national certifying organization are at fault, and suit is being
prepared.